In Uttar Pradesh’s Budaun, the SDM House issued a summons to the Governor, ordering his appearance. The revelation of this order at Raj Bhavan caused quite a commotion. In response, the Special Secretary to the Governor promptly dispatched a letter to the District Magistrate (DM), citing a violation of Article 361 of the Constitution. Following this incident, the government took action by suspending the SDM and the DM’s Peshkar.
The SDM of Sadar Tehsil in Badaun, it appears, disregarded the legal protocols within the judicial court and issued a summons in the Governor’s name. The Special Secretary to the Governor reacted to this violation by addressing a letter to the Badaun District Collector, emphasizing the contravention of Article 361 of the Constitution. Article 361 expressly prohibits the issuance of summons or notices against individuals holding constitutional positions. The Special Secretary responded to the DM and provided instructions to take necessary action according to established rules.
As a result of these developments, the District Collector suspended the Peshkar, while the government issued an order to suspend the SDM.
The case that triggered this controversy involves Chandrahas, a resident of Loda Baheri village in Badaun. He filed a lawsuit, naming Lekhraj, a PWD officer, and the Governor as parties. According to the court petition, Chandrahas’s aunt had a relative transfer Katori Devi’s property into her name, subsequently selling it. The government later acquired a portion of this land, and Lekhraj received a sum of Rs 12 lakh from the government. Upon learning of this, Chandrahas, Katori Devi’s nephew, submitted a petition to the Tehsil Judicial Magistrate Court, leading to the SDM Judicial Vineet Kumar issuing a summons in the name of the Governor.
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